On October 31, 2011 a
MINUTES FOR MAY-28-2015 9:30 AM
was filed
involving a dispute between
Allstate Insurance Company,
Eseifan, Sanaa,
Eseifan, Yasmine,
Fua Cruz, Ida Christina,
Sanchez, Joel Enrique Andino,
and
Da Silva, Alan,
Does 1 To 10,
Does 1 To 20,
Does 1 To 50, Inclusive,
Gillespie, James,
Martinez, Pamela,
Mellegard, Hal,
Miller, Caroline,
Miller, Carolyn,
Olsen, Nick,
Reimers, Steven,
Sanchez, Joel,
Sanchez, Joel Enrique Andino,
San Francisco Independent Taxi Association,
San Francisco Independent Taxi Association, A,
Silva, Alan,
Taxi Equipment Leasing Llc,
Taxi Equipment Leasing Llc, A Limited Liability,
Taxi Property Company, Inc.,
Wiener, Richard,
Wolley, Llc,
Yellow Cab Cooperative, Inc.,
Yellow Cab Coopoerative, Inc A Corporation,
for civil
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
Thursday, May 28, 2015
IDA CHRISTINA FUA CRUZ
PLAINTIFF
VS.
JOEL ENRIQUE ANDINO SANCHEZ
et al
DEFENDANT
Present:
Judge: GARRETT L. WONG
Reporter: Mary Jackson, CSR 8688
209-993-8329; mjacksoncsr@gmail.com
Appearing for Plaintiff (s):
Todd P. Emanuel, Esq.
Deirdre O'Reilly Marblestone, Esq.
EMANUEL LAW GROUP
702 Marshall Street, Suite 400
Redwood City, CA 94063
650-369-8900
todd@teinjurylaw.com
Attys for Plaintiff Ida Cristina Cruz Fua
D. Douglas Shureen, Esq.
McMILLAN & SHUREEN LLP
50 Santa Rosa Avenue, Suite 200
Santa Rosa, CA 95404
707-525-5400
doug.shureen@memillianshureen.com
Atty for Defendant and Cross-Complainant Joel
Enrique Andino Sanchez
Department: 608
Lead Case Number: CGC-11-515542
(Consolidated with case nos.
529705 and 519794)
Nature of Cause: JURY TRIAL
Personal Injury — Vehicle Related
Trial Day - 16 — Plaintiff's Case
Jury Day — 10
Clerk: VICKI MACK
Bailiff: None
Appearing for Defendant(s)
Colin C. Munro, Esq.
Christopher J. Weber, Esq.
CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16" Floor
San Francisco, CA 94111
415-391-3911
eweber@ccplaw.com
Attys for Defendants Taxi Equipment Leasing
LLC, and Yellow Cab Cooperative, Inc.
Robert S. Aaron, Esq. —present in the gallery
AARON & WILSON, LLP
150 Post Street, Suite 400
San Francisco, CA 94108
415-438-7800
rsaaron@aaron-wilson.com
Atty for Defendants/Cross-Defendants Taxi
Property Co., Inc.; Wolley, LLC; James Gillespie:
Hal Mellegard: Nick Olsen; Pamela Martinez;
Richard Wiener and Steven Reimers
Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
Date: May 28, 2015
Form: C0100009:32am The trial continues from Wednesday, May 27, 2015. The court and counsel as
indicated above are present in open court. On the record and outside the presence of the jury, the
court hears plaintiff's motion regarding allowing testimony re: partnership compensation. The
motion is argued by Ms. Marblestone and opposed by Mr. Shureen and Mr. Munro
09:56am The court denies the motion as speculative.
Previously identified on 5/27/15, the following plaintiff's exhibit is admitted into evidence:
[ Exh. no. 56 | Demonstrative Seat Belt Components (diagram) LEVID
09:58am The court, counsel as indicated above, all twelve jurors and four alternates are present
in open court, on the record.
10:00am GINA MAREK is called to testify on behalf of plaintiff. The clerk administers the
oath. Direct examination by Ms. Marblestone commences.
10:46am Cross examination of GINA MAREK by Mr. Shureen, counsel for defendant and
cross-complainant Joel Enrique Andino Sanchez, commences
10:50am Cross examination of GINA MAREK by Mr. Munro, counsel for defendants Taxi
Equipment Leasing LLC, and Yellow Cab Cooperative, Inc., commences.
10:55am Redirect examination by Ms. Marblestone commences.
10:56am The witness, GINA MAREK, leaves the stand, subject to recall.
10:57am The court declares a recess.
11:19am All are present in open court, on the record. Plaintiff's case in chief is interrupted to
accommodate a defendants’ witness. DANIELLE ALLEVEN, Ph.D. is called out of order to
testify for defendants Taxi Equipment Leasing LLC, and Yellow Cab Cooperative, Inc. The
clerk administers the oath. Direct examination by Mr. Munro commences.
Defendant identifies the following exhibits
Exh. no. 371 Alleven CV (Alleven Depo Ex. 74) ID/
Exh. no. 373 Alleven Handwritten notes (Alleven Depo Ex. 76) ID/
12:01pm The court declares a lunch recess.
01:38pm All are present in open court, on the record. Direct examination of DANIELLE
ALLEVEN, Ph.D. by Mr. Munro resumes
Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
-2- Date: May 28, 2015
Form: C0100001:57pm Cross examination of DANIELLE ALLEVEN, Ph.D. by Mr. Emanuel commences.
02:30pm Mr. Shureen, counsel for defendant and cross-complainant Joel Enrique Andino
Sanchez declines examination of the witness, DANIELLE ALLEVEN, Ph.D.
02:31pm Redirect examination of DANIELLE ALLEVEN, Ph.D. by Mr. Munro commences.
02:34pm Recross examination of DANIELLE ALLEVEN, Ph.D. by Mr. Emanuel commences.
02:37pm Re-redirect examination of DANIELLE ALLEVEN, Ph.D. by Mr. Munro
commences.
02:41pm Examination concludes. The witness, DANIELLE ALLEVEN, Ph.D.., is excused
02:42pm The court admonishes the jury and declares a recess.
03:01pm All are present in open court, on the record. Dr. PATRICIA SULLIVAN, Ed.D. is
called to testify on behalf of plaintiff. The clerk administers the oath. Direct examination by
Ms. Marblestone commences.
03:51pm Direct examination concludes. The court admonishes the jury and declares a recess for
the day in order to accommodate a juror’s previously scheduled appointment. The trial is
continued to Monday, June 01, 2015 at 9:30am in Dept. 608.
Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
-3- Date: May 28, 2015
Form: C01000
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES Thursday, May 28, 2015 IDA CHRISTINA FUA CRUZ PLAINTIFF VS. JOEL ENRIQUE ANDINO SANCHEZ et al DEFENDANT Present: Judge: GARRETT L. WONG Reporter: Mary Jackson, CSR 8688 209-993-8329; mjacksoncsr@gmail.com Appearing for Plaintiff (s): Todd P. Emanuel, Esq. Deirdre O'Reilly Marblestone, Esq. EMANUEL LAW GROUP 702 Marshall Street, Suite 400 Redwood City, CA 94063 650-369-8900 todd@teinjurylaw.com Attys for Plaintiff Ida Cristina Cruz Fua D. Douglas Shureen, Esq. McMILLAN & SHUREEN LLP 50 Santa Rosa Avenue, Suite 200 Santa Rosa, CA 95404 707-525-5400 doug.shureen@memillianshureen.com Atty for Defendant and Cross-Complainant Joel Enrique Andino Sanchez Department: 608 Lead Case Number: CGC-11-515542 (Consolidated with case nos. 529705 and 519794) Nature of Cause: JURY TRIAL Personal Injury — Vehicle Related Trial Day - 16 — Plaintiff's Case Jury Day — 10 Clerk: VICKI MACK Bailiff: None Appearing for Defendant(s) Colin C. Munro, Esq. Christopher J. Weber, Esq. CARLSON, CALLADINE & PETERSON LLP 353 Sacramento Street, 16" Floor San Francisco, CA 94111 415-391-3911 eweber@ccplaw.com Attys for Defendants Taxi Equipment Leasing LLC, and Yellow Cab Cooperative, Inc. Robert S. Aaron, Esq. —present in the gallery AARON & WILSON, LLP 150 Post Street, Suite 400 San Francisco, CA 94108 415-438-7800 rsaaron@aaron-wilson.com Atty for Defendants/Cross-Defendants Taxi Property Co., Inc.; Wolley, LLC; James Gillespie: Hal Mellegard: Nick Olsen; Pamela Martinez; Richard Wiener and Steven Reimers Case Number: CGC-11-515542 Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al Date: May 28, 2015 Form: C0100009:32am The trial continues from Wednesday, May 27, 2015. The court and counsel as indicated above are present in open court. On the record and outside the presence of the jury, the court hears plaintiff's motion regarding allowing testimony re: partnership compensation. The motion is argued by Ms. Marblestone and opposed by Mr. Shureen and Mr. Munro 09:56am The court denies the motion as speculative. Previously identified on 5/27/15, the following plaintiff's exhibit is admitted into evidence: [ Exh. no. 56 | Demonstrative Seat Belt Components (diagram) LEVID 09:58am The court, counsel as indicated above, all twelve jurors and four alternates are present in open court, on the record. 10:00am GINA MAREK is called to testify on behalf of plaintiff. The clerk administers the oath. Direct examination by Ms. Marblestone commences. 10:46am Cross examination of GINA MAREK by Mr. Shureen, counsel for defendant and cross-complainant Joel Enrique Andino Sanchez, commences 10:50am Cross examination of GINA MAREK by Mr. Munro, counsel for defendants Taxi Equipment Leasing LLC, and Yellow Cab Cooperative, Inc., commences. 10:55am Redirect examination by Ms. Marblestone commences. 10:56am The witness, GINA MAREK, leaves the stand, subject to recall. 10:57am The court declares a recess. 11:19am All are present in open court, on the record. Plaintiff's case in chief is interrupted to accommodate a defendants’ witness. DANIELLE ALLEVEN, Ph.D. is called out of order to testify for defendants Taxi Equipment Leasing LLC, and Yellow Cab Cooperative, Inc. The clerk administers the oath. Direct examination by Mr. Munro commences. Defendant identifies the following exhibits Exh. no. 371 Alleven CV (Alleven Depo Ex. 74) ID/ Exh. no. 373 Alleven Handwritten notes (Alleven Depo Ex. 76) ID/ 12:01pm The court declares a lunch recess. 01:38pm All are present in open court, on the record. Direct examination of DANIELLE ALLEVEN, Ph.D. by Mr. Munro resumes Case Number: CGC-11-515542 Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al -2- Date: May 28, 2015 Form: C0100001:57pm Cross examination of DANIELLE ALLEVEN, Ph.D. by Mr. Emanuel commences. 02:30pm Mr. Shureen, counsel for defendant and cross-complainant Joel Enrique Andino Sanchez declines examination of the witness, DANIELLE ALLEVEN, Ph.D. 02:31pm Redirect examination of DANIELLE ALLEVEN, Ph.D. by Mr. Munro commences. 02:34pm Recross examination of DANIELLE ALLEVEN, Ph.D. by Mr. Emanuel commences. 02:37pm Re-redirect examination of DANIELLE ALLEVEN, Ph.D. by Mr. Munro commences. 02:41pm Examination concludes. The witness, DANIELLE ALLEVEN, Ph.D.., is excused 02:42pm The court admonishes the jury and declares a recess. 03:01pm All are present in open court, on the record. Dr. PATRICIA SULLIVAN, Ed.D. is called to testify on behalf of plaintiff. The clerk administers the oath. Direct examination by Ms. Marblestone commences. 03:51pm Direct examination concludes. The court admonishes the jury and declares a recess for the day in order to accommodate a juror’s previously scheduled appointment. The trial is continued to Monday, June 01, 2015 at 9:30am in Dept. 608. Case Number: CGC-11-515542 Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al -3- Date: May 28, 2015 Form: C01000